A-59035, DECEMBER 7, 1934, 14 COMP. GEN. 441

A-59035, DECEMBER 7, 1934, 14 COMP. GEN. 441

OATHS - TRAVEL VOUCHERS AND APPOINTMENTS - COMMISSIONERS OF DEEDS FOR THE DISTRICT OF COLUMBIA COMMISSIONERS OF DEEDS FOR THE DISTRICT OF COLUMBIA APPOINTED IN ACCORDANCE WITH SECTION 557 OF THE ACT OF MARCH 3, 1901, 31 STAT. 1279, ARE AUTHORIZED BY THAT STATUTE TO ADMINISTER OATHS AND MAY, THEREFORE, ADMINISTER OATHS TO EXPENSE ACCOUNTS AND TO NEW APPOINTEES.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN, NATIONAL RAILROAD ADJUSTMENT BOARD, DECEMBER 7, 934:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 26, 1934, AS FOLLOWS:

THIS BOARD FREQUENTLY HAS NEED FOR SOMEONE AUTHORIZED TO ADMINISTER OATHS, SUCH AS ON TRAVEL VOUCHERS, OATHS OF OFFICE IN CONNECTION WITH APPOINTMENTS, ETC. IT WAS UNDERSTOOD THERE WAS A POSSIBILITY OF HAVING AN EMPLOYEE OF THE BOARD APPOINTED A NOTARY PUBLIC THROUGH THE DEPARTMENT OF JUSTICE. HOWEVER, THE DEPARTMENT OF JUSTICE HAS ADVISED THAT:

"THE PRESIDENT APPOINTS NOTARIES PUBLIC IN AND FOR THE DISTRICT OF COLUMBIA, AND SUCH APPOINTEES MUST BE RESIDENTS OF THE DISTRICT OR HAVE THEIR SOLE PLACE OF BUSINESS IN THE DISTRICT. I WOULD SUGGEST THAT THE APPOINTMENT YOU DESIRE MIGHT BE MADE BY THE GOVERNOR OF ILLINOIS.

"THE DISTRICT OF COLUMBIA CODE PROVIDES FOR THE APPOINTMENT BY THE PRESIDENT OF COMMISSIONERS OF DEEDS THROUGHOUT THE UNITED STATES WHO ARE AUTHORIZED TO ADMINISTER OATHS AND SO FORTH. FOR SUCH AN APPOINTMENT, THE RECOMMENDATION FROM THE GOVERNOR OF THE STATE IS REQUIRED. IF YOU COULD FURNISH US A RECOMMENDATION FROM THE GOVERNOR OF ILLINOIS THAT MR. HOWARD BE APPOINTED A COMMISSIONER OF DEEDS FOR THE DISTRICT OF COLUMBIA, RESIDING IN ILLINOIS, SUCH AN APPOINTMENT COULD BE MADE AND WOULD PROBABLY ANSWER YOUR PURPOSES.'

IT HAS BEEN ASCERTAINED THAT THE STATE OF ILLINOIS REQUIRES APPOINTEES AS NOTARY PUBLICS TO HAVE RESIDED IN THE STATE FOR AT LEAST A YEAR, THE SIGNATURES OF FIFTY VOTERS, POSTING OF A BOND, THE PAYMENT OF VARIOUS FEES, MAKING THE TOTAL COST APPROXIMATELY $18 TO $20, WHICH EXPENSE THE APPOINTEE WOULD HAVE TO PAY FROM HIS PERSONAL FUNDS.

IT IS REQUESTED THAT YOU ADVISE, WHETHER OR NOT OATHS ON TRAVEL VOUCHERS, OATHS OF OFFICE, TC., EXECUTED BY A COMMISSIONER OF DEEDS WOULD BE ACCEPTABLE TO YOUR OFFICE, IN CASE SUCH AN APPOINTMENT IS MADE, ALSO WHETHER OR NOT A SEAL WOULD BE REQUIRED.

THE APPOINTMENT OF COMMISSIONERS OF DEEDS FOR THE DISTRICT OF COLUMBIA IS PROVIDED FOR IN SECTION 557 OF THE ACT OF MARCH 3, 1901, 31 STAT. 1279, IN THE FOLLOWING LANGUAGE.

COMMISSIONERS OF DEEDS.--- THE PRESIDENT OF THE UNITED STATES IS AUTHORIZED TO APPOINT AS MANY COMMISSIONERS OF DEEDS THROUGHOUT THE UNITED STATES AS HE MAY DEEM NECESSARY, WITH POWER TO TAKE THE ACKNOWLEDGMENT OF DEEDS FOR THE CONVEYANCE OF PROPERTY WITHIN THE DISTRICT, ADMINISTER OATHS, AND TAKE DEPOSITIONS IN CASES PENDING IN THE COURTS OF SAID DISTRICT IN THE MANNER PRESCRIBED BY LAW; TO WHOSE ACTS, PROPERLY ATTESTED BY THEIR HANDS AND SEALS OF OFFICE, FULL FAITH AND CREDIT SHALL BE GIVEN.

THE FOREGOING STATUTE WOULD APPEAR TO AUTHORIZE COMMISSIONERS OF DEEDS TO ADMINISTER OATHS GENERALLY AND REQUIRE THEIR ACTS TO BE ATTESTED BY A SEAL OF OFFICE. ACCORDINGLY, AFFIDAVITS TO EXPENSE ACCOUNTS AND OATHS OF OFFICE MAY BE EXECUTED BEFORE A DULY APPOINTED COMMISSIONER OF DEEDS FOR THE DISTRICT OF COLUMBIA, HIS SIGNATURE TO BE ATTESTED BY THE SEAL OF HIS OFFICE.

IN CONNECTION WITH THE FOREGOING ATTENTION IS INVITED, ALSO, TO SECTION 8 OF THE ACT OF AUGUST 24, 1912, 37 STAT. 487, WHICH PROVIDES:

AFTER JUNE THIRTIETH, NINETEEN HUNDRED AND TWELVE, POSTMASTERS, ASSISTANT POSTMASTERS, COLLECTORS OF CUSTOMS, COLLECTORS OF INTERNAL REVENUE, CHIEF CLERKS OF THE VARIOUS EXECUTIVE DEPARTMENTS AND BUREAUS, OR CLERKS DESIGNATED BY THEM FOR THE PURPOSE, THE SUPERINTENDENT, THE ACTING SUPERINTENDENT, CUSTODIAN, AND PRINCIPAL CLERKS OF THE VARIOUS NATIONAL PARKS AND OTHER GOVERNMENT RESERVATIONS, SUPERINTENDENTS, ACTING SUPERINTENDENTS, AND PRINCIPAL CLERKS OF THE DIFFERENT INDIAN SUPERINTENDENCIES OR INDIAN AGENCIES, AND CHIEFS OF FIELD PARTIES, ARE REQUIRED, EMPOWERED, AND AUTHORIZED, WHEN REQUESTED, TO ADMINISTER OATHS, REQUIRED BY LAW OR OTHERWISE, TO ACCOUNTS FOR TRAVEL OR OTHER EXPENSES AGAINST THE UNITED STATES, WITH LIKE FORCE AND EFFECT AS OFFICERS HAVING A SEAL; FOR SUCH SERVICES WHEN SO RENDERED, OR WHEN RENDERED ON DEMAND AFTER SAID DATE BY NOTARIES PUBLIC, WHO AT THE TIME ARE ALSO SALARIED OFFICERS OR EMPLOYEES OF THE UNITED STATES, NO CHARGE SHALL BE MADE; AND ON AND AFTER JULY FIRST, NINETEEN HUNDRED AND TWELVE, NO FEE OR MONEY PAID FOR THE SERVICES HEREIN DESCRIBED SHALL BE PAID OR REIMBURSED BY THE UNITED STATES.

WHILE THIS ACT HAS BEEN HELD APPLICABLE TO OTHER GOVERNMENT ORGANIZATIONS THAN THOSE SPECIFICALLY DESIGNATED AS "DEPARTMENTS" ITS PROVISIONS ARE APPLICABLE ONLY TO ACCOUNTS FOR ,TRAVEL AND OTHER EXPENSES.' SEE 3 COMP. GEN. 87; 6 ID. 849; 13 ID. 443.